Holding Annual Election

Started by BettyO1 • 3 replies • 1565 views

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BettyO1 (California)
Posts: 104

Posted:

If the majority of the board wants to delay the annual election beyond a year to extend their stay, what can other members of the board or homeowners do to enforce by-laws that specify an election be held every year?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Betty,

Unless there are extenuating circumstances which would warrant postponing the annual meeting for a few weeks, the provisions spelled out in the bylaws must be followed. To just postpone so the board members have a longer term of office would be a blatant violation of the gov. docs. The board members who are in the minority should seek to convince the majority of the board of the error of their ways. If any of these board members plan to seek re-election I would think this bad judgment would certainly compromise their chances.

GlenL (Ohio)
Posts: 5,491

Posted:

Corporations Code §7510. Place, Date and Time; Failure to Hold Meetings; Quorum; Special Meetings

(c) If a corporation with members is required by subdivision (b) to hold a regular meeting and fails to hold the regular meeting for a period of 60 days after the date designated therefor or, if no date has been designated, for a period of 15 months after the formation of the corporation or after its last regular meeting, or if the corporation fails to hold a written ballot for a period of 60 days after the date designated therefor, then the superior court of the proper county may summarily order the meeting to be held or the ballot to be conducted upon the application of a member or the Attorney General, after notice to the corporation giving it an opportunity to be heard.

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RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By BettyO1 on 04/10/2010 12:17 PM
If the majority of the board wants to delay the annual election beyond a year to extend their stay, what can other members of the board or homeowners do to enforce by-laws that specify an election be held every year?

You could bring legal action to force the meeting. But a more effective and less costly approach is to convince the Board of their fiduciary duty. If that doesn't bring them around have the D&O insurance agent advised them concerning their insurance coverage, or lack thereof, when acting in bad faith.

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